Day 142 - 26 Jun 95 - Page 31


     
     1        I believe, in the early 80s all the way through to reaching
     2        this agreement that sporadically there were activities by
     3        this union -- not by our employees, but by this union.
     4
     5   Q.   Are you aware of, if you like, intensification of the
     6        union's campaign and calling for solidarity in different
     7        countries and boycott activities around the end of the
     8        1980s?
     9        A.  No, I am not.  As I think I mentioned, there was in the
    10        early 80s -- the reason Mike Thorell's name is familiar to
    11        me -- there was picketing I believe at his store by the
    12        union, not by his employees -- his employees did not
    13        participate in that whatsoever -- and that there were from
    14        time to time throughout the 80s as negotiations were going
    15        on that there would be activity by the union to put
    16        pressure on the operators to agree to what the union
    17        wanted.
    18
    19   Q.   I am not sure if you answered the question; maybe I did not
    20        explain it effectively.
    21
    22   MR. JUSTICE BELL:  Part of the problem may be that if you just
    23        ask if there was an intensification of the union's
    24        campaign, it is jolly difficult to answer because it is so
    25        imprecise, is it not?
    26
    27   MR. MORRIS:  Yes.
    28
    29   MR. JUSTICE BELL:  If you can give an example of something which
    30        you think is significant which happened, Mr. Stein may be
    31        able to help.
    32
    33   MR. MORRIS:  Yes.  (To the witness):  Are you aware that some
    34        six months before the final signing of the agreement in May
    35        1989 (which is accepted by Michael Thorell), in September
    36        1988 McDonald's broke off negotiations with the union that
    37        had been going on for about a year?  They had reached an
    38        impasse?
    39        A.  I want to answer your question, but throughout the 80s,
    40        and it goes over many years, there were many negotiating
    41        sessions.  There were many times when the discussions broke
    42        off over what you call an impasse.  Then there were times
    43        when the union and the operators got back together again
    44        and tried to resolve things and then they would break off
    45        again.  So, there was many times that I am aware of that
    46        there was on again, off again, as both sides tried to reach
    47        agreement.
    48
    49   Q.   I will put to you our case -- it is not very controversial
    50         -- that in September 1988, as it says in our pleadings, 
    51        negotiations broke down.  The union particularly launched 
    52        an international publicity campaign and boycott campaign, 
    53        support from other unions in boycotting work on McDonald's
    54        stores, or whatever, so there was an intensification of
    55        that ongoing 1980s dispute, if you like, and boycott
    56        campaign from September 1988 until May 1989 which you
    57        would, presumably, know?
    58        A.  What I am trying tell you is I am not aware of an
    59        international campaign as you are talking about, but there
    60        was activities that would go up, it would go down,

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